Florida Law Provides Veterans With Special Treatment Programs
Successful Completion of a Court Ordered Veterans Treatment Program Will Avoid a Criminal Conviction.
The provisions of the T. Patt Maney Veterans’ Treatment Intervention Act passed by the Florida Legislature and signed into law by Florida’s Governor to take effect on July 1, 2012, as Section 394.47891 of the Florida Statutes established courts specifically designed to handle non-violent crimes committed by veterans.
Veterans Court is more of a program than a traditional court. It’s focus is on those who have a mental illness, substance abuse, or other mental health condition related to their military service, who need treatment and other services, and who choose to participate in Veterans Court instead of having their case precede through the regular court process. It’s a problem solving and hybrid court meaning it will handle misdemeanor cases, felony cases, cases in pre-trial diversion and cases in which sentences have been imposed.
There is a particularly high prevalence of Post-Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI) and Major Depressive Disorder among combat and other veterans. These, and other issues related to military service, often contribute to poor decisions that result in arrests. The goal of Veterans Court in Florida is to provide treatment instead of imposing punishments such as jail time.
While Veterans Court is a special program for qualified veterans, it’s not a pass. The treatment program requirements are demanding, and failure to successfully complete the program usually results in transfer back to the court system. Successful completion of the program results in dismissal of the criminal charges.
Entry into the Veterans Court program must be based upon the sentencing court’s assessment of the defendant’s criminal history, military service, substance abuse treatment needs, mental health treatment needs, amenability to the services of the program, the recommendation of the state attorney and the victim, if any, and the defendant’s agreement to enter the program.
Attorney Patrick Korody specializes in the representation of members of the military community charged with crimes in Duval County, Nassau County, St. Johns County, or Clay County. He is a former Navy JAG officer.